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(영문) 수원지방법원 평택지원 2013.06.27 2013고단510
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:35 on March 12, 2013, the Defendant, within the “C” located in Pyeongtaek-si B, and on the ground that the victim D arranged the sale of the vehicle owned by the Defendant without the Defendant’s permission, he saw the victim’s galle net (75 cm in total length), and saw the victim’s galle net (75 cm in total) as dangerous things, and threatened the victim with “balle, discarded, discarded, dead at the end of the vehicle, discarded, cut down, cut down, and cut off,” and continued to threaten the victim by continuously acting as if the Defendant would inflict physical harm on the victim by taking out the knife (25.5 cm in length on a day) which is a deadly weapon from the Defendant’s mother’s money in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Each E statement;

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to each seized article photograph and CCTV photograph;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a matter of intimidation against the victim on the grounds that the defendant tried to sell a vehicle owned by the defendant without his/her own permission, and the crime of this case is not less complicated in light of the method of crime, etc.

However, in consideration of various factors of sentencing, such as the fact that the defendant recognized the crime and committed a mistake, the defendant has no criminal record, etc., to sentence a suspended sentence on condition of community service order through discretionary mitigation of statutory punishment.

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